Dr. Turki Sattam Al-Mutairi
Associate Professor of Public Law
Department of Law, College of Busimess Studies
PAAET, State of Kuwait

Prof. Thaqel Saad Al-Ajmi
Professor of Public International Law
Faculty of Law, University of Kuwait

Abstract:

This research paper presents, through a comparative analytical approach, regulating the right to access information in Kuwaiti law, by examining Law No. 12 of 2020 regarding the right to access information issued by the Kuwaiti legislator in response to international agreements with which the State of Kuwait has been bound, including this right. Accordingly, the researchers define the most important features of this right, by explaining its nature, elements, importance, and restrictions placed on it, and then explaining its legal basis in global international agreements and regional international agreements.
After that, the researchers discuss the Kuwaiti Law 12/2020 concerning the right to access information, as the first comprehensive legal regulation of this right, by examining its most important provisions, the advantages and disadvantages included in the law, and the extent to which it can be considered a full implementation of the international obligations of the State of Kuwait in this regard. This paper has concluded that although this law which is related to the right to access information represents a good step in promoting freedom of opinion and expression, and achieving integrity and transparency, it has embodied some legal flaws and shortcomings that may limit its importance and feasibility in practice. Hence, the main recommendation was that the Kuwaiti legislator should reconsider this law and amend it in a way that would evade these shortcomings.

Keywords: accessing information, freedom of opinion and expression, achieving integrity and transparency, human rights, guarantees of access to information, restrictions on access to information, and grievance against the prevention of access to information.

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